Tuesday, May 10, 2011

The agnatic family in Roman Law


In Roman law the family ties were understood following the AGNATIC principle as opposed to our way of understanding the family which follows the COGNATE principle. It is important for you to understand what is the difference between these two principles because that will help you understand the family relationships and the prevalence of the Pater Familias in the Roman family and economy.

Here are some definitions:
- agnates - relatives through the male line, descended from a common male ancestor without any artificial break in the line of relationship (such as emancipation). Persons of either sex may be agnates, but the line could only be transmitted through males. If the common male ancestor (pater familias) was alive, the agnates were all in his patria potestas. Agnatic relations existed through adoption as fully as through blood. (taken from the latin library http://thelatinlibrary.com/law/glossary.html)

-*cognates - all relatives, whether traced through the male or female lines. (taken from the latin library http://thelatinlibrary.com/law/glossary.html)













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